S T A T E O F N E W Y O R K
________________________________________________________________________
2888
2023-2024 Regular Sessions
I N A S S E M B L Y
January 31, 2023
___________
Introduced by M. of A. BARRETT, LUPARDO, GUNTHER, KELLES, GONZALEZ-RO-
JAS, COLTON, SIMON -- read once and referred to the Committee on Ener-
gy
AN ACT to amend the public authorities law, in relation to authorizing
the New York state energy research and development authority to devel-
op a clean energy outreach and community planning program; and provid-
ing for the repeal of such provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 8 of the public authorities law is amended by
adding a new title 9-C to read as follows:
TITLE 9-C
CLEAN ENERGY OUTREACH AND COMMUNITY PLANNING PROGRAM
SECTION 1910. STATEMENT OF LEGISLATIVE FINDINGS AND INTENT.
1911. DEFINITIONS.
1912. POWERS AND DUTIES.
1913. FUNDING.
1914. REPORTING.
§ 1910. STATEMENT OF LEGISLATIVE FINDINGS AND INTENT. 1. FINDINGS. THE
LEGISLATURE HEREBY FINDS, DETERMINES, AND DECLARES:
(A) NEW YORK WILL NEED TO ACCELERATE THE DEPLOYMENT OF RENEWABLE ENER-
GY PROJECTS, BOTH LARGE-SCALE AND DISTRIBUTED ENERGY SYSTEMS, IN ORDER
TO ACHIEVE THE MANDATES OF THE NEW YORK STATE CLIMATE LEADERSHIP AND
COMMUNITY PROTECTION ACT ENACTED AS CHAPTER ONE HUNDRED SIX OF THE LAWS
OF TWO THOUSAND NINETEEN (THE "CLCPA").
(B) IN ADDITION TO THE AUTHORITY'S PROCUREMENT PROGRAMS AND IMPROVED
STATE PERMITTING PROCESSES, RENEWABLE ENERGY PROJECTS REQUIRE COLLAB-
ORATION BETWEEN HOST COMMUNITIES AND RENEWABLE ENERGY DEVELOPERS IN
ORDER TO BE SUCCESSFULLY AND APPROPRIATELY SITED AND CONSTRUCTED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01444-01-3
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(C) LOCAL LAND USE DECISIONS ARE IMPORTANT TO MEETING THE GOALS OF THE
CLCPA, BUT COMMUNITIES OFTEN DO NOT HAVE CAPACITY OR SUFFICIENT TOOLS
AND INFORMATION TO EFFECTIVELY PLAN FOR RENEWABLE ENERGY SITING.
(D) COMMUNITY CONCERNS REGARDING THE POTENTIAL IMPACTS OF LARGE-SCALE
AND DISTRIBUTED ENERGY SYSTEMS ARE DIFFERENT, BUT BOTH CAN PROVIDE ENER-
GY COST SAVINGS FOR RESIDENTS AND BUSINESSES IN THE COMMUNITY, LOCAL
INFRASTRUCTURE IMPROVEMENT, LOCAL TAX REVENUE AND ECONOMIC BENEFITS,
LOCAL JOB CREATION, AND CLEANER AIR.
(E) THERE HAS BEEN A LACK OF INFORMATION ABOUT THE LOCAL BENEFITS AND
IMPACTS OF RENEWABLE ENERGY DEVELOPMENT AND THE BEST WAYS FOR COMMUNI-
TIES TO MAXIMIZE BENEFITS WHILE AVOIDING AND MITIGATING IMPACTS.
(F) A MULTI-PRONGED APPROACH IS NECESSARY TO PROVIDE COMMUNITIES,
INCLUDING DISADVANTAGED COMMUNITIES AS DESIGNATED UNDER THE CLCPA, WITH
THE INFORMATION, TOOLS AND FUNDING NECESSARY TO SUPPORT THE APPROPRIATE
SITING AND ACCEPTANCE OF RENEWABLE ENERGY SOURCES, INCLUDING WIND,
SOLAR, STORAGE AND TRANSMISSION AND DISTRIBUTION UPGRADES.
2. INTENT. IT IS THE INTENT OF THE LEGISLATURE IN ENACTING THIS TITLE
TO EMPOWER THE AUTHORITY TO ESTABLISH EFFECTIVE PROGRAMS AND MECHANISMS
TO:
(A) EDUCATE THE PUBLIC AND BUILD CONSENSUS ON THE BENEFITS OF A SHIFT
TO RENEWABLE ENERGY, WHICH WILL PROVIDE JOBS, LOWER ENERGY COSTS AND
REDUCE PRICE VOLATILITY, AND REDUCE THE NEED FOR FOSSIL FUEL BASED
POWER, BRINGING CLEAN AIR AND PUBLIC HEALTH BENEFITS AND REDUCED GREEN-
HOUSE GAS EMISSIONS THAT LEAD TO CLIMATE CHANGE AND ITS IMPACTS;
(B) PROVIDE INFORMATION AND ASSISTANCE TO COMMUNITIES AND LOCAL REPRE-
SENTATIVES TO PROMOTE THE APPROPRIATE AND SUCCESSFUL SITING OF RENEWABLE
ENERGY PROJECTS, INCLUDING WIND, SOLAR, STORAGE AND TRANSMISSION AND
DISTRIBUTION SYSTEM UPGRADES;
(C) EQUIP LOCAL GOVERNMENTS WITH THE TOOLS AND FUNDING THEY NEED TO
EFFECTIVELY CONSIDER NATURAL AND WORKING LANDS, THE POTENTIAL FOR CO-LO-
CATION AND DUAL-USE SOLUTIONS, EFFECTIVE UTILIZATION OF PREVIOUSLY
DISTURBED OR DEVELOPED SITES, AND PROTECTING DISADVANTAGED COMMUNITIES
WHEN PLANNING FOR CLEAN ENERGY PROJECTS IN THEIR COMMUNITIES; AND
(D) HELP COMMUNITIES DEVELOP AND ADOPT LOCAL PLANNING, ZONING AND
OTHER POLICIES THAT SUPPORT THE SUSTAINABLE AND EQUITABLE DEVELOPMENT OF
LOCAL CLEAN ENERGY THROUGH PROCESSES THAT ENSURE AND ENHANCE PUBLIC
OUTREACH, EDUCATION AND ENGAGEMENT, PARTICULARLY IN FRONTLINE COMMUNI-
TIES THAT HAVE HISTORICALLY BEEN DISENFRANCHISED AND DISCRIMINATED
AGAINST IN THE LOCAL LAND USE DECISION-MAKING PROCESS.
§ 1911. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION TWO OF
SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
2. "DEPARTMENTS" SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE DEPARTMENT OF
ECONOMIC DEVELOPMENT, AND THE DEPARTMENT OF PUBLIC SERVICE.
3. "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS OF
NEGATIVE PUBLIC HEALTH EFFECTS, ENVIRONMENTAL POLLUTION, AND IMPACTS OF
CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, OR COMPRISE
HIGH-CONCENTRATIONS OF LOW- AND MODERATE-INCOME HOUSEHOLDS, AS IDENTI-
FIED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
4. "RENEWABLE ENERGY FACILITY" SHALL HAVE THE SAME MEANING AS RENEWA-
BLE ENERGY SYSTEMS AS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC
SERVICE LAW.
§ 1912. POWERS AND DUTIES. THE AUTHORITY IS HEREBY AUTHORIZED AND
DIRECTED TO UNDERTAKE SUCH ACTIONS IT DEEMS NECESSARY OR CONVENIENT TO
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ESTABLISH A CLEAN ENERGY OUTREACH AND COMMUNITY PLANNING PROGRAM TO
PROVIDE INFORMATION, RESOURCES AND FUNDING TO SUPPORT THE SITING AND
ACCEPTANCE OF RENEWABLE ENERGY FACILITIES, INCLUDING, WITHOUT LIMITA-
TION:
1. DEVELOPING A COMMUNITY EDUCATION AND ENGAGEMENT PROGRAM TO INFORM
NEW YORKERS ABOUT THE CLIMATE CRISIS AND THE BENEFITS OF SHIFTING TO A
CLEAN ENERGY ECONOMY AND CONDUCTING OUTREACH, PROVIDING INFORMATION AND
EDUCATION, AND BUILDING CONSENSUS ON THE ENVIRONMENTAL AND LOCAL BENE-
FITS OF RENEWABLE ENERGY FACILITIES. SUCH STRATEGIC EDUCATION AND
OUTREACH SHALL INCLUDE:
(A) STRONG COMMUNICATION, ENGAGEMENT AND PUBLIC OUTREACH TO COMMUNI-
TIES, INCLUDING DISADVANTAGED COMMUNITIES, TO PROVIDE EDUCATION AND
INFORMATION ON MAXIMIZING THE BENEFITS THAT RENEWABLE ENERGY PROJECTS
CAN PROVIDE WHILE DEMONSTRATING STRATEGIES AND SOLUTIONS THAT ARE AVAIL-
ABLE TO ENSURE THAT COMMUNITY IMPACTS ARE MINIMIZED;
(B) COMPREHENSIVE EDUCATION AND OUTREACH TO LOCAL GOVERNMENTS THAT MAY
HOST RENEWABLE ENERGY FACILITIES TO PROVIDE OBJECTIVE INFORMATION ABOUT
THE IMPACTS OF CLEAN ENERGY DEVELOPMENT AND MITIGATION OPPORTUNITIES;
AND
(C) FACILITATION OF REGIONAL DISCUSSION FORUMS FOR COMMUNITIES AND
RENEWABLE ENERGY DEVELOPERS TO EXCHANGE INFORMATION AND ENSURE THAT ALL
HAVE ACCESS TO THE SAME INFORMATION NECESSARY TO SUPPORT THE APPROPRIATE
SITING AND ACCEPTANCE OF RENEWABLE ENERGY FACILITIES.
2. COLLABORATING WITH COMMUNITY STAKEHOLDERS, THE AGRICULTURE AND
FORESTRY SECTORS, THE RENEWABLE ENERGY INDUSTRY, AND UTILITIES TO DEVEL-
OP NEW RENEWABLE ENERGY PLANNING TOOLS AND RESOURCES FOR LOCAL GOVERN-
MENTS. SUCH RESOURCES SHALL INCLUDE A CLEAN ENERGY DEVELOPMENT MAPPING
TOOL TO HELP MUNICIPAL REPRESENTATIVES AND LOCAL COMMUNITIES MAKE
INFORMED LAND USE DECISIONS AND COMMUNICATE LOCAL PRIORITIES TO DEVELOP-
ERS.
(A) THE CLEAN ENERGY DEVELOPMENT MAPPING TOOL SHOULD PROVIDE SUFFI-
CIENT INFORMATION AND GUIDANCE TO ALLOW COMMUNITIES TO UNDERTAKE A
COMPREHENSIVE EVALUATION OF THE POTENTIAL FOR CLEAN ENERGY DEVELOPMENT
AND TO PLAN PROACTIVELY FOR DEPLOYMENT THAT MAXIMIZES LOCAL BENEFIT AND
MINIMIZES IMPACT ON LANDS WITH AGRICULTURAL SOILS, FARMING, FORESTS, AND
OTHER COMPETING USES.
(B) THE CLEAN ENERGY DEVELOPMENT MAPPING TOOL SHOULD BE DESIGNED TO
FACILITATE PARTICIPATION BY LOCAL GOVERNMENTS, RENEWABLE ENERGY DEVELOP-
ERS AND OTHERS IN EXISTING RENEWABLE ENERGY SITING AND PLANNING PROC-
ESSES AND PROGRAMS ADMINISTERED BY THE AUTHORITY AND THE PUBLIC SERVICE
COMMISSION, INCLUDING NY-SUN, LARGE-SCALE RENEWABLES SOLICITATIONS, AND
THE COORDINATED GRID PLANNING PROCESS.
(C) THE CLEAN ENERGY DEVELOPMENT MAPPING TOOL SHOULD PROVIDE MAPPED
INFORMATION ON AGRICULTURAL, ENVIRONMENTAL, ENERGY SYSTEM AND OTHER
RESOURCES RELEVANT TO RENEWABLE ENERGY SITING INCLUDING, BUT NOT LIMITED
TO: LAND USE COVER DATA; DISADVANTAGED COMMUNITIES AS DESIGNATED UNDER
THE CLCPA; PREVIOUSLY DISTURBED AND DEVELOPED SITES SUCH AS LARGE ROOF-
TOPS, PARKING LOTS, LANDFILLS, ETC.; AGRICULTURAL SOILS AND AGRICULTURAL
DISTRICTS; FORESTS AND IMPORTANT AREAS FOR BIODIVERSITY; WETLANDS,
FLOODPLAINS, AND WATERBODIES; HISTORIC, CULTURAL, AND ARCHAEOLOGICAL
RESOURCES; PUBLIC PARKS, PRESERVES AND RECREATIONAL RESOURCES; CONSERVED
AND PROTECTED LANDS; HOSTING CAPACITY; DISTRIBUTION, LOCAL TRANSMISSION,
AND TRANSMISSION LINES; AND SLOPE, ASPECT AND LANDFORMS AS RELEVANT TO
SITING RENEWABLE ENERGY FACILITIES.
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3. PROVIDING TECHNICAL ASSISTANCE AND TRAINING TO LOCAL GOVERNMENTS
AND OTHER STAKEHOLDERS ON THE USE OF SUCH TOOLS AND RESOURCES, INCLUDING
THE CLEAN ENERGY DEVELOPMENT MAPPING TOOL.
4. CONTRACTING WITH AND PROCURING THE SERVICES OF SERVICE PROVIDERS,
INCLUDING REGIONAL PLANNING ASSOCIATIONS, NON-PROFITS, AND COMMUNITY-
BASED ORGANIZATIONS, TO CONDUCT OUTREACH AND EDUCATION ABOUT CLEAN ENER-
GY BENEFITS, DEVELOP NEW RENEWABLE ENERGY PLANNING TOOLS AND RESOURCES,
INCLUDING A CLEAN ENERGY DEVELOPMENT MAPPING TOOL, AND TO PROVIDE TECH-
NICAL ASSISTANCE AND TRAINING TO MUNICIPALITIES TO SUPPORT THE AUTHORI-
TY'S RESPONSIBILITIES UNDER THIS SECTION AND PERFORM SUCH OTHER FUNC-
TIONS AS THE AUTHORITY DEEMS APPROPRIATE.
5. MANAGING, ALLOCATING, AND SPENDING ANY MONIES MADE AVAILABLE TO THE
AUTHORITY IN FURTHERANCE OF THIS TITLE AS THE AUTHORITY DETERMINES TO BE
APPROPRIATE FOR THE PROPER ADMINISTRATION OF THE PROGRAM CREATED PURSU-
ANT TO THIS TITLE.
6. REQUESTING AND RECEIVING THE ASSISTANCE OF THE DEPARTMENTS OR ANY
OTHER STATE AGENCY OR AUTHORITY, WITHIN THEIR RESPECTIVE RELEVANT
SUBJECT MATTER EXPERTISE, TO SUPPORT THE ADMINISTRATION OF THE PROGRAM
CREATED PURSUANT TO THIS TITLE.
§ 1913. FUNDING. THE AUTHORITY MAY SEEK FUNDING FROM ANY AUTHORIZED OR
OTHER AVAILABLE SOURCE TO ADMINISTER THE PROGRAM CREATED PURSUANT TO
THIS TITLE.
§ 1914. REPORTING. 1. EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR,
THE AUTHORITY SHALL ISSUE AN ANNUAL REPORT REGARDING THE EFFECTIVENESS
OF THE PROGRAM AND PROVIDING RECOMMENDATIONS FOR IMPROVEMENTS TO THE
PROGRAM. SUCH REPORT SHALL INCLUDE:
(A) THE NUMBER AND IDENTITY OF COMMUNITIES AND LOCAL GOVERNMENTS
REACHED THROUGH THE COMPREHENSIVE EDUCATION, ENGAGEMENT AND OUTREACH
EFFORT;
(B) THE NUMBER OF REGIONAL DISCUSSION FORUMS HELD FOR COMMUNITIES AND
DEVELOPERS, AND IDENTIFICATION OF ATTENDEES AND DESCRIPTION OF OUTCOMES;
(C) THE NUMBER, DESCRIPTION AND STATUS OF RENEWABLE ENERGY PLANNING
TOOLS AND RESOURCES DEVELOPED, INCLUDING THE CLEAN ENERGY DEVELOPMENT
MAPPING TOOL;
(D) THE NUMBER AND IDENTITY OF LOCAL GOVERNMENTS RECEIVING TECHNICAL
ASSISTANCE AND TRAINING ON THE CLEAN ENERGY MAPPING TOOL AND OTHER
RESOURCES;
(E) THE NUMBER OF SERVICE PROVIDERS AND CONTRACTS AWARDED;
(F) THE AMOUNT OF FUNDS INVESTED IN THE CLEAN ENERGY OUTREACH AND
COMMUNITY PLANNING PROGRAM; AND
(G) ANY ADDITIONAL INFORMATION RELEVANT TO ASSESSING PROGRAM EFFEC-
TIVENESS.
2. THE AUTHORITY SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. A COPY OF
THE REPORT SHALL ALSO BE POSTED ON THE AUTHORITY'S WEBSITE.
§ 2. This act shall take effect immediately and shall expire December
31, 2031 when upon such date this act shall be deemed repealed; provided
that such repeal shall not affect or impair any act done, any applica-
tion filed, any right, permit or authorization awarded, accrued,
received or acquired, or any liability incurred, prior to the time such
repeal takes effect, and provided further that any project for which the
New York state energy research and development authority has expended,
or committed to a third-party to expend, funds towards the development
of a build-ready site prior to such repeal shall be permitted to contin-
ue in accordance with title 9-C of article 8 of the public authorities
law notwithstanding such repeal.